H.B. No. 2325
 
 
 
 
AN ACT
  relating to the competitive bidding and notice requirements for
  contracts of certain mass transportation authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 451.110(c), Transportation Code, is
  amended to read as follows:
         (c)  Subsection (a) does not apply to a contract for:
               (1)  $50,000 [$25,000] or less;
               (2)  the purchase of real property;
               (3)  personal or professional services; or
               (4)  the acquisition of an existing transit system.
         SECTION 2.  Section 451.111(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subchapter Q, unless the posting
  requirement in Subsection (b) is satisfied, a board may not let a
  contract that is:
               (1)  for more than $50,000 [$25,000]; and
               (2)  for:
                     (A)  the purchase of real property; or
                     (B)  consulting or professional services.
         SECTION 3.  Section 452.107(c), Transportation Code, is
  amended to read as follows:
         (c)  The executive committee may authorize the negotiation
  of a contract without competitive sealed bids or proposals if:
               (1)  the aggregate amount involved in the contract is
  $50,000 [$25,000] or less;
               (2)  the contract is for construction for which not
  more than one bid or proposal is received;
               (3)  the contract is for services or property for which
  there is only one source or for which it is otherwise impracticable
  to obtain competition;
               (4)  the contract is to respond to an emergency for
  which the public exigency does not permit the delay incident to the
  competitive process;
               (5)  the contract is for personal or professional
  services or services for which competitive bidding is precluded by
  law; or
               (6)  the contract, without regard to form and which may
  include bonds, notes, loan agreements, or other obligations, is for
  the purpose of borrowing money or is a part of a transaction
  relating to the borrowing of money, including:
                     (A)  a credit support agreement, such as a line or
  letter of credit or other debt guaranty;
                     (B)  a bond, note, debt sale or purchase, trustee,
  paying agent, remarketing agent, indexing agent, or similar
  agreement;
                     (C)  an agreement with a securities dealer or
  investment adviser, broker, or underwriter; and
                     (D)  any other contract or agreement considered by
  the executive committee to be appropriate or necessary in support
  of the authority's financing activities.
         SECTION 4.  The change in law made by this Act applies only
  to a contract for which a regional transportation authority or
  metropolitan rapid transit authority first advertises or otherwise
  solicits bids or proposals on or after the effective date of this
  Act.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2325 was passed by the House on April
  21, 2011, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2325 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 30, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor